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2 U.S.C. 7, election day
Office of the Law Revision Counsel · 2026-09-08
2 USC 7: Time of election
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2 USC 7 : Time of election
Text contains those laws in effect on September 7, 2026
From Title 2-THE CONGRESS CHAPTER 1-ELECTION OF SENATORS AND REPRESENTATIVES
Jump To: Source Credit Miscellaneous Codification Amendments
CHAPTER 1 -ELECTION OF SENATORS AND REPRESENTATIVES!@!Sec. 7 -->
§7. Time of election
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
( R.S. §25 ; Mar. 3, 1875, ch. 130, §6, 18 Stat. 400
; June 5, 1934, ch. 390, §2, 48 Stat. 879
.)
Editorial Notes
Codification
R.S. §25 derived from act Feb. 2, 1872, ch. 11, §3, 17 Stat. 28
.
The second sentence of this section, which was based on section 6 of the act Mar. 3, 1875 and made this section inapplicable to any State that had not yet changed its day of election and whose constitution required an amendment to change the day of election of its State officers, was omitted.
Amendments
1934 -Act June 5, 1934, substituted "3d day of January" for "fourth day of March".
Constitutional Provisions
The first section of Amendment XX to the Constitution provides: "The terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin."
Time for election of Representatives, see Const. Art. I, §4, cl. 1.